The following administrative rule orders have been adopted and published in the February 28, 1997 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order affecting s. Comm 5.99 and ss. ILHR 51.21, 51.23 and ILHR Table 2.64-1 and chs. ILHR 82 and 84, relating to plumbing plans and adopted standards.
Part effective 01-01-97.
Part effective 03-01-97.
An order affecting chs. ILHR 20 and 21 in the Uniform Dwelling Code, relating to one- and two-family dwelling construction in flood hazard zones.
Effective 03-01-97.
An order affecting chs. ILHR 20 and 21 in the Uniform Dwelling Code, relating to soil erosion at one- and two-family dwelling construction sites.
Effective 03-01-97.
An order creating ch. HFS 89, relating to assisted living facilities.
Effective 03-01-97.
An order repealing s. HSS 55.63 and repealing and recreating ss. HSS 55.55 to 55.62, relating to child care certification.
Effective 03-01-97.
An order affecting chs. Med 1 to 8, 19 and 20 and s. Med 14.03, relating to open book examinations on statutes and rules, examination reviews and claim of examination error, and requirements relating to licensure of applicants with disabilities.
Effective 03-01-97.
An order affecting chs. NR 158, 700, 705, 706 and 708 and ss. NR 712.11, 716.05, 722.01, 724.01, 724.17 and 726.02, relating to hazardous substance discharge notification requirements and source confirmation.
Effective 03-01-97.
An order affecting chs. NR 19, 21 and 22, relating to turtle harvest.
Effective 03-01-97.
An order repealing and recreating s. NR 10.01 (1) (b) and (g) 1. a. - k., (g) 2., (g) 3., (u) 1. and (u) 2., relating to the 1996 migratory game bird season.
Effective 03-01-97.
An order affecting s. Tax 11.83, relating to the Wisconsin sales and use tax treatment of motor vehicles.
Effective 03-01-97.
An order repealing ss. HSS 55.70 to 55.77 and creating ch. DWD 56, relating to administration of child care funds.
Effective 03-01-97.
Final Regulatory Flexibility Analyses
Chs. ILHR 82 & 84 - Plumbing plans and adopted standards.
Summary of Final Regulatory Flexibility Analysis:
Section 145.02, Stats., gives the department authority to adopt rules for the design, construction, installation and inspection of plumbing. The proposed rules of Clearinghouse Rule No. 96-063 are minimum requirements to provide the needed level of safety and health, and any exceptions from compliance for small businesses would be contrary to the statutory objectives which are the basis for the rules.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor and Employment and the Senate Committee on Labor. No comments were received.
Chs. ILHR 20 and 21 - Floodplain construction.
Summary of Final Regulatory Flexibility Analysis:
These rules should have very little impact on small business in Wisconsin. There are no additional reporting or report preparation requirements in these rules. The only additional cost which is new to the Uniform Dwelling Code is the requirement that builders engage the services of a professional engineer or architect when building a floodproof basement or any dwelling in a coastal floodplain. However, this requirement is taken from FEMA regulations which already had to be complied with. Therefore, there should be no net impact on small businesses as a result of these rules.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Environmental Resources and Urban Affairs. No comments were received.
Chs. ILHR 20 and 21 - Soil erosion.
Summary of Final Regulatory Flexibility Analysis:
Small businesses submitted many comments during the public hearing stage of rule development. The major concern was unclear language in the current rules that led to nonuniform enforcement. The rules were revised extensively based on these comments and on subsequent meetings with the Uniform Dwelling Code Council. The only obvious cost-related issue with these rules is the requirement for using a tackifier or netting when steep slopes are seeded and mulched. The department anticipates an added cost of approximately $200 per site for these steep slopes. The department believes this will affect a very small portion of the total number of sites developed and further believes it is a cost-effective way to comply with s. 101.653 (2) (b), Stats., which requires additional controls on sites with slopes greater than 12%.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Labor. No comments were received.
Ch. HFS 89 - Assisted living facilities.
Summary of Final Regulatory Flexibility Analysis:
These are the first rules for a new type of regulated residential care facility for adults called an assisted living facility. An assisted living facility is a place where 5 or more adults reside which consists of independent apartments and which provides each resident with up to 28 hours of supportive, personal and nursing services per week. There are now facilities in the state that meet the definition of assisted living facility but they are regulated as community-based residential facilities under ch. HFS 83. They will likely to converted to assisted living facilities when these rules take effect, along with wings of hospitals and nursing homes and possible motels and other types of residences. In addition, some brand new facilities specifically designed as assisted living facilities are under construction. Some of the assisted living facilities will likely be operated as small businesses as defined in s. 227.114 (1) (a), Stats.
These rules are much less stringent, irrespective of facility size, than the ch. HFS 83 rules for community-based residential facilities.
At the public hearings on the propose rules, no issues were raised by small businesses that identified the issues as concerns of small businesses.
Summary of Comments of Legislative Standing Committees:
Both the Senate Committee on Health, Human Services, Aging and Corrections and the Assembly Committee on Health held legislative public hearings on the proposed rules. Following the hearings both did committees asked the Department to make germane modifications in the rules based on testimony received at those hearings. The Department did make germane modifications in the rules and delivered a revised ch. HFS 89 with those changes to the committees on January 3, 1997. The letter of transmittal summarized the more significant of the germane modifications. These included addition of a subchapter on tenant rights, reduction in minimum size of an apartment; addition of provisions that a facility may approve an outside provider of assisted living services to a tenant and may require that the outside provider comply with established facility policies; and addition to and clarification or reasons for an assisted living facility to terminate its contract with a tenant
SS. HSS 55.55 to 55.63 - Child care certification.
Summary of Final Regulatory Flexibility Analysis:
The revised rules modify training requirements for certified providers to make it easier for family day care providers to be regulated and receive public funds, exempt short-term child care arrangements from regulation, and include reduced paperwork and space requirements for school-age programs.
No new reports are required of certified providers, although they are expected to maintain documentation of compliance with standards.
County and tribal certifying agencies are permitted under s. 48.651 (1) (intro.), Stats., as affected by 1995 Wis. Act 27, to charge fees to day care certification and under s. 48.651 (2) (j), Stats., as created by Act 27, to charge fees to cover the costs of criminal record checks on applicants for certification. These fee-charging provisions are repeated in the rules.
On balance, the revised rules better protect the health and safety of children in the care of certified providers while only modestly increasing provider costs.
Summary of Final Regulatory Flexibility Analysis:
No comments were received.
Med Code - Open book examinations on statutes and rules, examination reviews and claim of examination error, administration of the SPEX examination and requirements relating to licensure of applicants with disabilities.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. NR 706 - Hazardous substance discharge notification requirements and source confirmation.
Summary of Final Regulatory Flexibility Analysis:
The Department does not expect any negative impact on small businesses as a result of this action. Some small businesses will benefit by reducing the number of toll-free calls that must be made to the Department to report spills because of the addition of the de minimis reporting exemptions.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Senate Committee on Environmental Resources and Urban Affairs and the Assembly Committee on Natural Resources. The Assembly Committee on Natural Resources extended the review period on the proposed rule in order to meet with Department staff regarding the rule. There were no modifications requested.
